Commander Responsibilities under Lautenberg

Under the Lautenberg Amendment, all service members that commanders know
to have, or have reasonable cause to believe have, a qualifying conviction
are non-deployable for missions that require the possession of firearms
or ammunition. Service members with a Lautenberg qualifying conviction
cannot be posted on an overseas assignment. However, soldiers who have
exercised any portion of their permanent change of station (PCS) entitlements
will comply with their overseas assignment.

Commanders must ensure that newly arrived or assigned active duty and Reserve
Component service members with qualifying convictions, or those whom commanders
have reasonable cause to believe have such convictions, are not assigned
to Table of Organization and Equipment or Modification Table of Organization
and Equipment type units. Affected service members may be reassigned to
Table of Distribution and Allowance type units on their installations
(if available), but only to positions that deny them access to weapons
and ammunition. Commanders must deny service members affected by the Lautenberg
Amendment appointment to leadership, supervisory, or property accountability
positions that by nature of their execution of military authority or responsibility
would give them access to arms or ammunition.

Commanders should counsel service members that the inability to complete
service schools may impact future promotions and affect their ability
to reenlist. Service members barred from reenlistment based on a Lautenberg
qualifying conviction occurring after 30 September 1996 may not extend
their enlistment. However, such service members must be given a reasonable
time to seek expunction of the conviction or a pardon. This retention
policy is subject to the "Sanctuary Provisions" of 10 U.S.C.
1176, which allows enlisted soldiers with more than 18 years of service
but less than 20 years of service to remain on duty until eligible for
retirement.

All active duty personnel identified as being affected by the Lautenberg
Amendment will be reported to PERSCOM using the assignment consideration
code (ASCO) L9 (Lautenberg Amendment). Enlisted service members who are
on orders to OCONUS assignment will be considered for deletion through
normal deletion procedures at HQS PERSCOM (TAPC-EPC-O). Specific PERSCOM
guidance on reporting requirements can be reviewed at MILPER Message No.
99-159, Procedural Guidance on the Reporting of Soldiers Affected by the
Lautenberg Amendment.

Speak To A Lawyer at Bilecki & Tipon LLLC

If you have been affected by, or have questions regarding Lautenberg, it
is critical that you consult with an
experienced court martial defense lawyer as soon as possible to understand all of your rights.

The information contained on the website (the "Service") is for general
information purposes only. Bilecki & Tipon, LLLC assumes no responsibility
for errors or omissions in the contents on the Service. In no event shall
Bilecki & Tipon, LLLC be liable for any special, direct, indirect,
consequential, or incidental damages or any damages whatsoever, whether
in an action of contract, negligence or other tort, arising out of or
in connection with the use of the Service or the contents of the Service.
Bilecki & Tipon, LLLC reserves the right to make additions, deletions,
or modification to the contents on the Service at any time without prior
notice. Bilecki & Tipon, LLLC does not warrant that the Service is
free of viruses or other harmful components.

x

⚠

Your browser is out of date. To get the full experience of this website,
please update to most recent version.